Lewis v. D'Arcy

The property involved in this action had previously been owned by Owen Sullivan. It had been mortgaged to appellee to secure a bona fide indebtedness. While in the mortgagor’s possession, his interest in the property was levied upon bv appellant, acting as a constable, by virtue of two writs of attachment, the property taken into his possession, and thereupon this action was brought in replevin by appellee, to recover possession.

The mortgage contained a clause giving the mortgagee the right, in case he should, at any time before the indebtedness secured by the mortgage became due, feel…